Philips v. Perry’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) |T|he member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in [the] regulations, that the member has demonstrated that— (A) such conduct is a departure from the member’s usual and customary behavior; (B) such, conduct, under all the circumstances, is unlikely to recur; (C) such conduct was not accomplished by use of force, coercion, or intimidation; (D) under the particular circumstances of the case, the member's continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and (E) the member does not have a propensity to engage in homosexual acts; [or] (3) [T]he member has married or attempted to marry a person known to be of the same biological sex.”

   2 later decisions quote this exact passage · from the majority
   e.g. Philips v. Perry · Thorne v. United States Department of Defense

2. “homosexual” means a person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts, and includes the terms “gay” and”

   1 later decision quote this exact passage · from the majority
   e.g. Philips v. Perry